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(A) A person learns that the person is the owner of a dangerous animal when:
(1) The owner knows of an attack as described in § 90.01, definition of DANGEROUS ANIMAL; or
(2) The owner is informed by the Animal Control Manager that the animal is a dangerous animal.
(B) If a person reports an incident described in § 90.01, definition of DANGEROUS ANIMAL, the Animal Control Manager shall investigate the incident. If, after receiving the sworn statements of any witnesses, the Animal Control Manager determines that the animal is a dangerous animal, he shall notify the owner of that fact.
(C) An owner, not later than the fifteenth business day after the date the owner is notified that an animal owned by the owner is a dangerous animal, may appeal the determination of the Animal Control Manager to Municipal Court.
(D) The owner of the animal shall be required to remand custody of the dangerous animal to Animal Control pending the outcome of any appeal. The owner shall be required to pay fees associated with the care and boarding of the animal while the appeal is pending. If such animal is not surrendered to the city, the Animal Control Manager and/or staff may obtain a warrant to seize such animal.
(E) If the court upholds the dangerous animal determination on appeal, the Animal Control Manager shall maintain custody of the dangerous animal until the owner arranges for the dangerous animal to be removed from the city or until the owner relinquishes ownership of the dangerous animal to the city for humane euthanasia. If the dangerous animal is removed from the city, the owner will be required to provide an exact address that the dangerous animal will be relocated to, and the proper authorities for the jurisdiction will be notified by the Animal Control Manager.
(F) If any dangerous animal found in violation of any provision of this section cannot be taken up and impounded with reasonable safety for the person attempting the same, such animal may be slain by any peace officer or animal control officer.
(G) The animal control officer or any peace officer shall be authorized to obtain a search and seizure warrant if there is reason to believe that a dangerous animal ordered removed from the city has not been so removed or has been returned to the city. Any person within the city limits of Mansfield found to be in possession of any animal that has been determined "dangerous" by the Animal Control Manager shall be in violation of the dangerous animal order.
(Ord. OR-1787-10, passed 10-11-10; Am. Ord. OR-2143-19, passed 8-26-19)